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Discipline / Investigations

The HR I.Q. Test: June ’08

05/15/2008
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

OK to fire and then investigate—But be consistent

05/14/2008
It’s legitimate to discipline or fire employees who behave badly. But employers that mandate suspension or termination for rule violations must apply the policy to everyone who violates the same rule. Then they should follow up with a prompt and thorough investigation into exactly what happened …

Settlement for profs who thought 100% was a passing grade

05/14/2008
Two Southern Illinois University at Carbondale professors who were threatened with punishment after they aced a mandatory online ethics test have received a settlement in a lawsuit they brought against the state. Why did the state want to punish them? They finished the 10-question exam too quickly …

Be alert for retaliation after employee reports wrongdoing

05/13/2008
The Minnesota Whistleblower Act (MWA) is designed to protect Minnesota employees who are punished for reporting company practices they believe are illegal. It’s not HR’s job to determine whether anything illegal occurred. However, when an employee has blown the whistle on a company practice, HR must make sure any future discipline is warranted and not driven by an ulterior motive …

Investigating sexual harassment? Ask victim whether she’s told HR everything

05/12/2008
Sexual harassment investigations can be embarrassing for everyone, including the alleged victim. But in order to conduct a fair and impartial investigation, HR must know exactly what happened. You don’t want to get part of the story, only to find out later that there was more …

Track all discipline so you can show harsh punishment wasn’t retaliation

05/12/2008
The easiest way for an employee to win a discrimination lawsuit is to complain about discrimination and then sit back and wait for a supervisor or manager to retaliate. That’s why it’s so important for HR to keep track of discrimination complaints and disciplinary actions …

Albany police clerk seeks $35 million

05/07/2008
Shirley Morton, a clerical worker for the Albany Police Department, has filed a $35 million lawsuit against the department and the city, claiming Sgt. Kevin McKenna subjected her to sexual harassment, unwanted physical contact and verbal abuse for 12 years …

HR decision doesn’t have to be perfect—Just honest

05/06/2008
Sometimes, even the best HR professionals may feel paralyzed when faced with a major employee discipline decision, such as whether an employee should be fired. They hedge and keep asking supervisors questions, or keep an investigation open to get more information. If this sounds like your HR office when dealing with a discrimination complaint, relax …

Sometimes an apology is all it takes

05/06/2008
Jack Burghardt, an administrative support assistant in the Denver Clerk and Recorder’s Office, said he meant no offense when he asked two Hispanic co-workers how much it costs their “people to get across the border these days.” His boss felt the comment had racial overtones and suspended Burghardt for four days …

Black Denver deputies allege discrimination in sheriff’s dept.

05/06/2008
A group of black sheriff’s deputies is suing Denver and the Denver Sheriff Department, claiming the agency harbors a “culture of racism.” The lawsuit claims black employees are punished more harshly than whites for similar behavior …